Author : Leora Batnitzky
Publisher : Cambridge University Press
Page : 283 pages
File Size : 12,72 MB
Release : 2017-03-23
Category : Law
ISBN : 1107153719
This book examines the institutional relationship between religions, political regimes, and human rights.
Author : Leora Batnitzky
Publisher : Cambridge University Press
Page : 283 pages
File Size : 24,32 MB
Release : 2017-03-23
Category : Law
ISBN : 1108179533
Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.
Author : A. Krizsan
Publisher : Springer
Page : 254 pages
File Size : 48,42 MB
Release : 2012-07-31
Category : Social Science
ISBN : 1137031069
An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.
Author : Yoshiko Ashiwa
Publisher : Stanford University Press
Page : 304 pages
File Size : 18,67 MB
Release : 2009
Category : Religion
ISBN : 0804758417
This volume combines the perspective of religion as a constructed category of modernity with the analytic focus and empirical grounding of institutional social science to develop a new approach to the study of state and religion in modern and contemporary China.
Author : Ann Schmiesing
Publisher : Yale University Press
Page : 312 pages
File Size : 12,39 MB
Release : 2024-11-26
Category : History
ISBN : 0300246838
A comparative legal history of Jewish sovereignty and religious freedom, illuminating the surprising ways that collective and individual rights have evolved over the past two centuries It is a common assumption that in Israel, Jews have sovereignty, and in most other places where Jews live today, they have religious freedom instead. As Simon Rabinovitch shows in this original work, the situation is much more complicated. Jews today possess different kinds of legal rights in states around the world; some stem from religious freedom protections, and others evolved from a longer history of Jewish autonomy. By comparing conflicts between Jewish collective and individual rights in courts and laws across the globe, from the French Revolution to today, this book provides a nuanced legal history of Jewish sovereignty and religious freedom. Rabinovitch weaves key themes in Jewish legal history with the individual stories of litigants, exploring ideas about citizenship and belonging; who is a Jew; what makes a Jewish family; and how to define Jewish space. He uses recent court cases to explore problems of conflicting rights, and then situates each case in a wider historical context. This unique comparative history creates a global picture of modern legal development in which Jews continue to use the law to carve out surprising forms of sovereignty.
Author : Nelson Tebbe
Publisher : Harvard University Press
Page : 279 pages
File Size : 49,54 MB
Release : 2017-02-06
Category : Law
ISBN : 0674971434
Tensions between religious freedom and equality law are newly strained in America. As lawmakers work to protect LGBT citizens and women seeking reproductive freedom, religious traditionalists assert their right to dissent from what they see as a new liberal orthodoxy. Some religious advocates are going further and expressing skepticism that egalitarianism can be defended with reasons at all. Legal experts have not offered a satisfying response—until now. Nelson Tebbe argues that these disputes, which are admittedly complex, nevertheless can be resolved without irrationality or arbitrariness. In Religious Freedom in an Egalitarian Age, he advances a method called social coherence, based on the way that people reason through moral problems in everyday life. Social coherence provides a way to reach justified conclusions in constitutional law, even in situations that pit multiple values against each other. Tebbe contends that reasons must play a role in the resolution of these conflicts, alongside interests and ideologies. Otherwise, the health of democratic constitutionalism could suffer. Applying this method to a range of real-world cases, Tebbe offers a set of powerful principles for mediating between religion and equality law, and he shows how they can lead to workable solutions in areas ranging from employment discrimination and public accommodations to government officials and public funding. While social coherence does not guarantee outcomes that will please the liberal Left, it does point the way toward reasoned, nonarbitrary solutions to the current impasse.
Author : Cécile Laborde
Publisher : Harvard University Press
Page : 345 pages
File Size : 25,67 MB
Release : 2017-09-25
Category : Philosophy
ISBN : 067498157X
Liberal societies conventionally treat religion as unique under the law, requiring both special protection (as in guarantees of free worship) and special containment (to keep religion and the state separate). But recently this idea that religion requires a legal exception has come under fire from those who argue that religion is no different from any other conception of the good, and the state should treat all such conceptions according to principles of neutrality and equal liberty. Cécile Laborde agrees with much of this liberal egalitarian critique, but she argues that a simple analogy between the good and religion misrepresents the complex relationships among religion, law, and the state. Religion serves as more than a statement of belief about what is true, or a code of moral and ethical conduct. It also refers to comprehensive ways of life, political theories of justice, modes of voluntary association, and vulnerable collective identities. Disaggregating religion into its various dimensions, as Laborde does, has two clear advantages. First, it shows greater respect for ethical and social pluralism by ensuring that whatever treatment religion receives from the law, it receives because of features that it shares with nonreligious beliefs, conceptions, and identities. Second, it dispenses with the Western, Christian-inflected conception of religion that liberal political theory relies on, especially in dealing with the issue of separation between religion and state. As a result, Liberalism’s Religion offers a novel answer to the question: Can Western theories of secularism and religion be applied more universally in non-Western societies?
Author : Azim Zahir
Publisher : Routledge
Page : 171 pages
File Size : 27,31 MB
Release : 2021-11-29
Category : Social Science
ISBN : 1000505030
This book examines Islam’s relationship to democratization in the Indian Ocean nation of the Maldives. It explores how and why an electoral democracy based in a constitution that has many liberal features but also Islam-based limitations, especially lack of religious freedom, emerged in the country by 2009. In doing so, the book interrogates a major approach to Muslim politics that assumes reformist interpretations of Islam are a positive, and even a necessary, force for liberalization and democratization in Muslim-majority contexts. This book shows reformist Islam did play certain positive roles in democratization in the Maldives. However, the book suggests reformist Islam may not be an invariably uncontroversial force in the space of politics. It argues that modern nation building in the Maldives shaped by political actors with reformist Islamic orientations, since around the 1930s, has also completely transformed Islam as a modern institutional and discursive political religion. These transformations of Islam as a modern political religion have existed as path-dependent constraints on the depth of democratization, ensuring religion-based limitations and intensifying controversy over religion vis-à-vis the state and individual rights. An original empirical contribution towards a better understanding of Islam and politics in the Maldives, this book will be of interest to academics and students working on democracy, and Islam in particular, and in the fields of political science and area studies, especially South Asian politics.
Author : Nahshon Perez
Publisher : Oxford University Press
Page : 209 pages
File Size : 21,14 MB
Release : 2023
Category : Law
ISBN : 019757971X
"Worldly Politics and Divine Institutions explores the entanglement of religion and government in a comparative, case-based analysis of several major court cases from the European Court of Human Rights, the U.S. Supreme Court, and the Supreme Court of the U.K. The entanglement of religion and state is prevalent in many democratic countries however it is understudied. Worldly Politics and Divine Institutions aims to fill this blind spot. Categories and cases such as discrimination conducted by governmentally funded religious associations and the governmental endorsement of religious symbols in public spaces create hybrid institutions, that are difficult to analyse, compare and manage. The structuring of an adequate, novel framework of analysis and comparison is one core goal of Worldly Politics and Divine Institutions"--
Author : David L. Brunsma
Publisher : Routledge
Page : 645 pages
File Size : 10,77 MB
Release : 2015-10-23
Category : Social Science
ISBN : 131725838X
Long the province of international law, human rights now enjoys a renaissance of studies and new perspectives from the social sciences. This landmark book is the first to synthesize and comprehensively evaluate this body of work. It fosters an interdisciplinary, international, and critical engagement both in the social study of human rights and the establishment of a human rights approach throughout the field of sociology. Sociological perspectives bring new questions to the interdisciplinary study of human rights, as amply illustrated in this book. The Handbook is indispensable to any interdisciplinary collection on human rights or on sociology. This text: Brings new perspectives to the study of human rights in an interdisciplinary fashion. Offers state-of-the-art summaries, critical discussions of established human rights paradigms, and a host of new insights and further research directions. Fosters a comprehensive human rights approach to sociology, topically representing all 45 sections of the American Sociological Association.
